Can A Person File Habeas Corpus To Stop Extradition?

Habeas corpus is a constitutional remedy to challenge unlawful detention or imprisonment. In extradition cases, a fugitive may file a habeas corpus petition in Indian courts alleging that their detention or proposed extradition is illegal or violates fundamental rights.

Filing Habeas Corpus To Stop Extradition

Right to Challenge Detention

Under Article 32 (Supreme Court) and Article 226 (High Courts) of the Indian Constitution, a person can file a habeas corpus petition to challenge unlawful detention.

Detention related to extradition can be challenged if it is alleged to be illegal, arbitrary, or in violation of procedural safeguards.

Judicial Review of Extradition Detention

Indian courts have the power to review the legality of detention pending extradition under the Indian Extradition Act, 1962.

Courts examine if the detention is lawful, whether the extradition request complies with treaty and statutory requirements, and whether fundamental rights are protected.

Grounds for Habeas Corpus in Extradition

• Alleged procedural irregularities in arrest or detention.
• Non-compliance with treaty obligations or statutory procedures.
• Risk of torture, inhumane treatment, or death penalty in the requesting country.
• Violation of fundamental rights, such as right to life and liberty.

Limits of Habeas Corpus in Extradition

Courts generally do not question the merits of the underlying offense or the requesting country’s judicial system.

The scope is limited to the legality of detention and compliance with procedural safeguards.

Effect on Extradition Process

Filing habeas corpus petitions can delay extradition proceedings, sometimes significantly.

Courts may grant interim relief or bail depending on the circumstances.

Supreme Court and High Court Jurisdiction

Habeas corpus petitions related to extradition detention can be filed before both High Courts and the Supreme Court of India.

The Supreme Court may hear appeals or direct immediate release if detention is found illegal.

Example

An individual arrested for extradition to Country Y files a habeas corpus petition in the High Court, arguing that their detention violates the Extradition Act and that Country Y imposes the death penalty, which India opposes. The court examines the legality of the detention and conditions in the requesting country before deciding on interim relief or release.

Conclusion

Yes, a person can file a habeas corpus petition in India to challenge their detention and potentially delay or prevent extradition. Indian courts use habeas corpus as a tool for judicial oversight, ensuring that extradition proceedings comply with legal and constitutional safeguards.